Vignesh v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.12603 of 2022 VIGNESH [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SENTHURAI POLICE STATION, ARIYALUR DISTRICT.

CRIME NO.80 OF 2022.

For Petitioner : M/S.P.TAMILAVEL Advocate For Respondent : MR.N.MUTHUVEL, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 366A of I.P.C and Sections 5(1) & 6 of POCSO Act in Crime No.80 of 2022 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner kidnapped the victim girl and committed sexual assault on her.

3. The learned Government Advocate [Crl. Side] submitted that the statement under section 164 Cr.P.C. is yet to be recorded from the victim girl and hence opposed for grant of anticipatory bail to the petitioner.

4. Admittedly it is a case of love affair. Though the case was reported in the month of April, the respondent police were unable to trace this petitioner and the victim for recording the statement U/s. 164 Cr.P.C. It appears that the matter was adjourned earlier for the

purpose of recording the statement U/s. 164 Cr.P.C. Since the respondent police has not taken any steps for recording the statement of the victim girl, this Court, considering the available materials, is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judge Fast Track Mahila Court, Ariyalur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judge concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before respondent police daily at 10.30.a.m., until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Judge/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

6.With the above directions, this Criminal Original Petition is ordered.

-sd/- 01/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDGE FAST TRACK MAHILA COURT, ARIYALUR 2 THE INSPECTOR OF POLICE, SENTHURAI POLICE STATION, ARIYALUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.P.TAMILAVEL Advocate on payment of necessary charges SR.NO.8314 CRL OP.12603/2022 Date :01/06/2022 JPA 03/06/2022